BALIA,J. - (1.) THESE two special appeals are against common order passed in Vinod Pareek and Ors. vs. State of Rajasthan (S.B. Civil Writ Petition No. 2861/98) andRamchandra Kothari vs. State of Rajasthan and Ors. (S.B. Civil Writ Petition No. 4537/98) on 18th August, 1999.
(2.) THE facts giving rise to these appeals arc that the petitioners in these two writ petitions were members of the Rajasthan Tehsildar Service. The recruitment to the Rajasthan Administrative Service is governed by the Rajasthan Administrative Service Rules, 1954. Under Rule 7, two sources of recruitment have been provided namely direct recruitment through combined competitive examination and by promotion of Tehsildars. The ratio between two sources from which recruitment is to be made to the service have been varied from time to time. Vide notification dated 21.8.97, the rules were amended and the ratio through direct recruitment and promotion was fixed as 66.7% and 33.3% respectively in place of 75% and 25%. The said amendment in the rules had been made effective with effect from 1.4.97. According to the petitioners, the cadre strength of RAS is about 752 and the same is likely to increase in future. The grievance of the petitioners is that with effect from 1.4.97 1/3 of the cadre strength accounts for 257 posts which should be filled up by promotion from the members of RTS whereas the respondents have filled up only 195 posts by promotion and therefore mandamus was sought against the respondents, the present appellants, to fill in the balance quota through promotion out of the vacancies lying in the junior scale of RAS. According to respondents, the cadre strength is fixed by notification dated 7.12.95 is 630. This includes not only permanent posts of deputation reserved and ex - cadre posts but also temporarily encadred posts in the RAS and 25% of the total duly posts i.e. 113 and training reserved as 10% of the direct recruits i.e. 42.5% of the leave reserved of the direct recruits i.e. 21 and this has been done by taking liberal view of computing the cadre strength by including such posts in the cadre. Thus, they have determined total 210 posts to be filled by promotion as on 1.4.97. 159 persons of promotion quota were working and to fill up the remaining promotional posts a departmental promotion committee was held on 29.11.97 and some of the petitioners did not fall within the zone of consideration as per rules. Apparently, the present appellants have not included all the temporary posts created upto 1.4.97 in the cadre strength in computing the cadre strength and by excluding such posts they have also determined the quota at 25% as it was existing prior to issuance of Notification dated 21.8.97 amending the rules retrospectively with effect from 1.4.97. The principal question contended before the learned Single Judge and also before us by the appellants is that temporary vacancies created by the Governor to be filled by the officers of the Rajasthan Administrative Service cannot be counted in the cadre strength for the promotions and operating promotion quotas. The petitioners have been urging to the contrary. The learned Single Judge found that the cadre strength includes all types of posts including temporary posts and it is not open for the State to urge that persons belonging to the cadre of the petitioners are entitled to be promoted by the notification on 1/3rd of the cadre strength as on 1.4.97 as per the amendment Rule. On these findings, the respondents were directed to determine the cadre strength on the 1st of April, 1997 and on 1st April of each subsequent year and to consider the persons from RTS for 33% of the cadre strength so determined by including temporary vacancies of a long term duration, leave reserve, trainee reserve or any such kind of vacancies. For carrying out this exercise four months time was allowed and to hold Review DPC to fill up the vacancies if any strictly in accordance with law.
(3.) AGGRIEVED with the aforesaid judgment, the State of Rajasthan has preferred these appeals. It has been urged primarily relying on Rule 6 of the Rajasthan Administrative Service Rules 1954 that cadre strength includes only the permanent posts or the substantive posts and such strength is to be determined by the Govt. from time to time. Such determination having been made by Notification dated 6.12.95 fixing the cadre strength at 630 which has also been included in the schedule, the cadre strength must be taken to be 630 only until the same is altered or varied by another notification.;